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New Britain, CT Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy requirement
Owner must live in one unit on the parcel
ADU cap
One accessory dwelling unit per property
Occupant cap
Two people maximum in the ADU
Annual filing
Homeowner's insurance policy as proof of occupancy
Penalty
Fines and/or demolition order for noncompliance
Adopted
Resolution No. 35885-2, December 19, 2022

Summary

New Britain requires the owner of any property with an accessory dwelling unit to personally occupy one of the two units as a permanent residence. Code of Ordinances Section 25-1 caps ADUs at one per lot, limits occupancy to two people, and makes owners file proof of occupancy every year to the zoning department.

No owner of a property may construct and maintain an accessory dwelling unit without claiming one (1) unit on said property as permanent residence. Only one (1) accessory dwelling unit shall be allowed per property. Property owner must submit annually to the zoning department via online permitting system or hand delivery to office a copy of owner's homeowner insurance policy to serve as proof of continued occupancy of one (1) of the dwelling units on the parcel. Property owner must also submit a signed and notarized affidavit prior to issuance of certificate of occupancy confirming acknowledgement of and agreement to comply with ownership and occupancy statute. Should owner fail to submit proof of continued occupancy of one (1) dwelling on the parcel, owner shall be subject to enforcement action including, but not limited to, fines and/or demolition order of the subordinate structure/accessory dwelling unit. At any given time, no more than two (2) persons shall occupy an accessory dwelling unit.

Full Breakdown

Adopted by Resolution No. 35885-2 on December 19, 2022, Section 25-1 of the Code of Ordinances is New Britain's owner-occupancy statute for accessory dwelling units. It requires the owner of any property with an ADU to claim one of the units on that parcel as a permanent residence and caps the property at a single accessory dwelling unit. Before the zoning department will issue a certificate of occupancy, the owner must sign and have notarized an affidavit acknowledging the ownership and occupancy statute and agreeing to comply with it.

That is not a one-time filing: the owner must submit proof of continued occupancy every year, either through the zoning department's online permitting system or by hand delivery to its office, and the code specifies a homeowner's insurance policy as the document that serves as that annual proof. Occupancy is also capped by headcount: no more than two people may live in the accessory dwelling unit at any given time. If an owner fails to submit the required annual proof, Section 25-1 exposes them to enforcement action, which the code says can include fines and a demolition order directed at the accessory dwelling unit itself, the most severe remedy available under New Britain's ADU rules. The statute pairs with Section 25-2's construction-timing rule and Section 25-3's utility-connection rule to form the city's complete accessory dwelling unit framework.

Violations & Fines

Failing to file the annual proof of continued occupancy required by Section 25-1, typically a homeowner's insurance policy showing the owner lives in one of the units, exposes the property owner to enforcement action from the city. The code's stated remedies include fines and, in the most serious cases, a demolition order for the accessory dwelling unit itself. Exceeding the two-person occupancy cap for the ADU is likewise a violation of the same section.

Frequently Asked Questions

Does the owner have to live in the ADU or the main house?
Either. Code of Ordinances Section 25-1 only requires the owner to claim one of the two units on the parcel, the main house or the accessory dwelling unit, as a permanent residence. What it does not allow is renting out both units while the owner lives elsewhere.
How does New Britain verify ADU owner-occupancy every year?
The owner must submit proof of continued occupancy annually to the zoning department, either through its online permitting system or by hand delivery to its office. Section 25-1 identifies a homeowner's insurance policy as the document that serves as that proof, and the owner also signs a notarized affidavit before the certificate of occupancy is issued.
What happens if a New Britain ADU owner stops living on the property?
The owner becomes unable to submit the required proof of continued occupancy, which Section 25-1 says triggers enforcement action. The code lists fines and a demolition order for the accessory dwelling unit itself as the available remedies, making continued owner-occupancy a condition the city can enforce well after the ADU is built.

Sources & Official References

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